Maryland 2022 Regular Session

Maryland House Bill HB778 Latest Draft

Bill / Chaptered Version Filed 04/22/2022

                             LAWRENCE J. HOGAN, JR., Governor 	Ch. 54 
 
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Chapter 54 
(House Bill 778) 
 
AN ACT concerning 
 
Transportation – Investment Program – MARC Rail Service 
(Maryland Regional Rail Transformation Act) 
 
FOR the purpose of requiring the Maryland Transit Administration to establish certain 
investment programs for enhancing certain rail lines and services operated by the 
Maryland Area Regional Commuter rail service; requiring the Administration to 
advance certain rail projects in a certain fiscal year; requiring the Administration to 
conduct a certain study; establishing the Transportation Trust Fund Workgroup; 
and generally relating to the Maryland Area Regional Commuter rail service and the 
enhancement of rail services. 
 
BY adding to 
 Article – Transportation 
Section 7–311 
 Annotated Code of Maryland 
 (2020 Replacement Volume and 2021 Supplement) 
 
Preamble 
 
 WHEREAS, The Maryland Area Regional Commuter (MARC) rail service connects 
Baltimore and Washington, D.C. to many of Maryland’s suburban communities; and 
 
 WHEREAS, The State must advance the Maryland Transit Administration’s MARC 
Cornerstone Plan and other MARC improvements to unlock a truly regional rail system 
that reliably services more Maryland communities and connects to Virginia and Delaware; 
now, therefore, 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Transportation 
 
7–311. 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 
INDICATED. 
 
 (2) “MARC” MEANS THE MARYLAND AREA REGIONAL COMMUTER 
RAIL SERVICE. 
  Ch. 54 	2022 LAWS OF MARYLAND  
 
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 (3) “MARC CORNERSTONE PLAN” MEANS THE PLAN ESTAB LISHED 
BY THE ADMINISTRATION TO TRA NSLATE THE ADMINISTRATION ’S TRANSIT VISION 
STATEMENT INTO STRAT EGIC PRIORITIE S, POLICIES, PROGRAMS, AND INITIATIVES 
FOR MARC RAIL SERVICE.  
 
 (4) “TRANSIT VISION STATEM ENT” MEANS THE ADMINISTRATION ’S 
OBJECTIVE TO PROVIDE SAFE, EFFICIENT, AND RELIABLE TRANSIT ACCESS ACROSS 
MARYLAND WITH WORLD –CLASS CUSTOMER SERVI CE. 
 
 (B) (1) THE ADMINISTRATION SHALL ESTABLISH INDIVIDUAL 
INVESTMENT PROGRAMS TO ADVANCE THE MARC CORNERSTONE PLAN AND 
OTHER MARC IMPROVEMENTS BY PROV IDING INCREMENTAL EN HANCEMENTS 
FOR: 
 
 (I) THE BRUNSWICK LINE, INCLUDING A THIRD TR ACK 
BETWEEN ROCKVILLE AND GERMANTOWN T O BETTER SERVE WESTERN MARYLAND 
AND EXISTING COMMUNI TIES SERVED BY THE L INE; 
 
 (II) THE CAMDEN LINE; 
 
 (III) THE PENN LINE; 
 
 (IV) NEW REGIONAL SERVICE 	BETWEEN PERRYVILLE, 
MARYLAND AND NEWARK, DELAWARE; 
 
 (V) NEW REGIONAL RUN –THROUGH RAIL SERVICE TO 
ALEXANDRIA, VIRGINIA; AND 
 
 (VI) EXTENDING THE BRUNSWICK LINE TO BETTER SERVE 
WESTERN MARYLAND. 
 
 (2) EACH INVESTMENT PROGR AM ESTABLISHED UNDER PARAGRAPH 
(1) OF THIS SUBSECTION S HALL: 
 
 (I) COMMENCE IN FISCAL YE AR 2023; 
 
 (II) INCLUDE A REVIEW OF EXISTING RAIL OPERAT IONS, 
INFRASTRUCTURE , AND RIGHT–OF–WAY INFORMATION TO C ONFIRM EXISTING 
CONDITIONS; 
 
 (III) INCLUDE RAIL SIMULATI ON MODELS FOR EACH O F THE 
CURRENT CORRIDORS SE RVED BY MARC AND AREAS IDENTIFIED FOR NEW 
SERVICE;   LAWRENCE J. HOGAN, JR., Governor 	Ch. 54 
 
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 (IV) IDENTIFY FUTURE OPERATING SCENARIOS THAT CAN 
IMPROVE SERVICE , INCLUDING NEW MIDDAY , WEEKEND, EVENING,  
THROUGH–RUNNING, AND BIDIRECTIONAL SE RVICE; 
 
 (V) DEVELOP CONCEPTUAL LE VEL IMPROVEMENT PLAN S TO 
ENHANCE MARC’S SERVICE OVER TIME , INCLUDING: 
 
 1. CONCEPT PLANS FOR HIGHEST–VALUE 
INFRASTRUCTURE IMPRO VEMENTS IDENTIFIED B Y THE SIMULATION MOD ELS; 
 
 2. NEW STATIONS OR STATI ON ENHANCEMENTS ; AND 
 
 3. IMPROVEMENTS TO ENHAN CE ACCESS TO JOBS AN D 
HOUSING IN NEIGHBORI NG JURISDICTIONS ; AND 
 
 (VI) IDENTIFY A 5–YEAR PRIORI TY SET OF CAPITAL PR OJECTS 
AND ACTIVITIES TO IM PLEMENT PLANNED IMPR OVEMENTS TO BE FUNDE D IN THE 
CONSOLIDATED TRANSPORTATION PROGRAM. 
 
 (3) IN FISCAL YEAR 2028 AND EVERY FIFTH FISC AL YEAR 
THEREAFTER , THE ADMINISTRATION SHALL UPDATE EACH INVESTME NT PROGRAM 
ESTABLISHED UNDER TH IS SUBSECTION. 
 
 (C) IN FISCAL YEAR 2023, THE ADMINISTRATION SHALL ADVANCE THE 
FOLLOWING RAIL PRIOR ITY PROJECTS AS PART OF THE INVESTMENT PR OGRAMS 
REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION: 
 
 (1) IN COORDINATION WITH THE DISTRICT OF COLUMBIA, VIRGINIA, 
THE VIRGINIA RAILWAY EXPRESS, AMTRAK, AND CSX, DEVELOP A SERVICE AN D 
OPERATIONS PLAN FOR MARC THROUGH–RUNNING TO ALEXANDRIA, VIRGINIA; 
 
 (2) IN COORDINATION WITH DELAWARE, PENNSYLVANIA , THE 
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (SEPTA), AND 
AMTRAK, DEVELOP A SERVICE AN D OPERATIONS PLAN FO R MARC, SEPTA, OR 
AMTRAK TO RUN COMPETI TIVE TRANSIT SCHEDUL ES BETWEEN PERRYVILLE, 
MARYLAND AND NEWARK, DELAWARE; 
 
 (3) COMPLETE 30% OF THE DESIGN FOR A NEW ELKTON INFILL 
MARC STATION ON THE PENN LINE; 
 
 (4) COMPLETE 30% OF THE DESIGN FOR A NEW BAYVIEW INFILL 
MARC STATION ON THE PENN LINE; 
  Ch. 54 	2022 LAWS OF MARYLAND  
 
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 (5) COMPLETE 30% OF THE DESIGN FOR : 
 
 (I) A THIRD TRACK BETWEEN ROCKVILLE AND GERMANTOWN 
ON MARC’S BRUNSWICK LINE TO BETTER SERVE WESTERN MARYLAND AND 
EXISTING COMMUNITIES SERVED BY THE LINE ; AND 
 
 (II) GERMANTOWN STATION IMPROVEMENTS ; 
 
 (6) COMPLETE 15% OF THE DESIGN FOR A FOURTH TRACK ON THE 
PENN LINE; AND 
 
 (7) HIRE THREE FULL–TIME EQUIVALENT (FTE) STAFF AT A COST OF 
APPROXIMATELY $450,000 ANNUALLY BEGINNING I N FISCAL YEAR 2023 FOR THE 
ADMINISTRATION ’S PLANNING AND CAPIT AL PROGRAMMING TO EN SURE THE 
ADMINISTRATION HAS AD EQUATE STAFF RESOURC ES TO LEVERAGE FEDER AL RAIL 
FUNDING. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 
 
 (a) The Maryland Transit Administration shall conduct a MARC Cornerstone 
Plan Implementation Study. 
 
 (b) The study shall assess and present for public review: 
 
 (1) the total expected cost to implement:  
 
 (i) the entire MARC Cornerstone Plan; 
 
 (ii) Maryland–Virginia through–running rail service; 
 
 (iii) Maryland–Delaware through–running rail service; and 
 
 (iv) Western Maryland MARC extension programs;  
 
 (2) the total expected cost of the first 5–year capital program for Brunswick 
Line, Camden Line, Penn Line, Maryland–Virginia through–running, Maryland–Delaware 
through–running, and Western Maryland extension rail services; 
 
 (3) the Administration’s workforce needs to efficiently implement the 
MARC Cornerstone Plan, Maryland–Delaware through–running, and Western Maryland 
extension rail services, including a staffing and compensation comparison between MARC 
and peer regional railroads throughout the United States; and 
 
 (4) efficient and achievable methods by which the rail capital investments 
and services identified and analyzed under this subsection should be funded.   LAWRENCE J. HOGAN, JR., Governor 	Ch. 54 
 
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 (c) In developing the study, the Administration shall consult with regional 
private entities, including leading employers, labor representatives, transit rider advisory 
committees, and regional planning boards. 
 
 (d) (1) On or before December 1, 2022, the Administration shall submit to the 
Governor and, in accordance with § 2–1257 of the State Government Article, the General 
Assembly an executive summary and report of its findings and recommendations from the 
study. 
 
 (2) The Administration shall post the executive summary and report 
required under paragraph (1) of this subsection on the website of the Administration. 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That: 
 
 (a) In this section, “Workgroup” means the Transportation Trust Fund 
Workgroup. 
 
 (b) There is a Transportation Trust Fund Workgroup. 
 
 (c) The Workgroup consists of the following members: 
 
 (1) two members of the Senate of Maryland, appointed by the President of 
the Senate; 
 
 (2) two members of the House of Delegates, appointed by the Speaker of 
the House; 
 
 (3) the Secretary of Transportation or the Secretary’s designee;  
 
 (4) one individual representing the business community, jointly designated 
by the President of the Senate and the Speaker of the House; and 
 
 (5) one individual representing the unions, jointly designated by the 
President of the Senate and the Speaker of the House. 
 
 (d) The Department of Legislative Services shall provide staff for the Workgroup. 
 
 (e) The Workgroup shall examine: 
 
 (1) the current State funding sources and structure of the Maryland 
Transportation Trust Fund; 
 
 (2) threats and challenges to the existing funding sources; 
  Ch. 54 	2022 LAWS OF MARYLAND  
 
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 (3) short– and long–term multimodal infrastructure construction and 
maintenance funding needs for all regions of the State;  
 
 (4) how to ensure that the Transportation Trust Fund and not other fund 
sources supports the State’s infrastructure needs and options for sustainable, long–term 
revenue sources for transportation; 
 
 (5) how to position the State to benefit from the multiyear federal 
infrastructure bill;  
 
 (6) how to ensure that the State’s public–private partnership law provides 
adequate oversight; and  
 
 (7) potential changes to policies and procedures, including legislation that 
may be needed to implement any recommendations. 
 
 (f) On or before December 16, 2022, the Workgroup shall submit a report of its 
findings and recommendations to the Govern or and, in accordance with § 
2–1257 of the State Government Article, the General Assembly.  
 
 SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 
July 1, 2022.  
 
Gubernatorial Veto Override, April 9, 2022.